Opinion
No. 2004-K-0029.
May 14, 2004.
IN RE: Young, Bobby Ray; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. I, No. 211534; to the Court of Appeal, Second Circuit, No. 37,673-KA.
Writ granted in part; otherwise denied. Defendant's sentence is amended to delete the prohibition on parole eligibility. See La.R.S. 40:967(C)(2); R.S. 15:529.1(G). Furthermore, given that defendant's conviction is not for a crime of violence for which a district court may prohibit diminution of sentence for good behavior under R.S. 15:571.3, see La.C.Cr.P. art. 890.1(B), defendant's sentence is also corrected to delete that prohibition. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661. The district court is directed to make an entry in the minutes reflecting these changes. In all other respects, the application is denied.
JTK
PFC
CDK
BJJ
CDT
JLW